[CLBS] non-reaffirmed motgage and/or deed of trust notes

John Porter jporter at porterlawonline.com
Wed Feb 27 18:52:44 MST 2013


I have a client who got their discharge some years ago. The did not reaffirm the deed of trust note on their house. They have made the payments and over the years have paid $32,000.00 on a $29,000.00 original debt. The holder of the Deed of Trust still has them at a $27,000.00 balance due.  The question is, can the lien holder continue to charge penalties and interest to clear the lien where the note, itself, is discharged or are they limited to the principal amount due at the time of discharge? 

John Porter


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